46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO HUMAN RIGHTS; CHANGING THE COURT OF REVIEW FOR A DISTRICT COURT HUMAN RIGHTS APPEAL JUDGMENT; AMENDING A SECTION OF THE NMSA 1978.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 28-1-13 NMSA 1978 (being Laws 1969, Chapter 196, Section 12, as amended) is amended to read:

"28-1-13. APPEAL.--

A. [Any] A person aggrieved by an order of the commission may obtain a trial de novo by filing a notice of appeal in the district court of the county where the discriminatory practice occurred or where the respondent does business [by filing a]. The notice of appeal must be filed within thirty days from the date of service of the commission's order. A copy of the notice of appeal shall be served personally or by certified mail, return receipt requested, [at their last known address] on all parties who appeared before the commission [and] at their last known address. A copy of the notice of appeal shall also be served at the division office in Santa Fe. [No] An order of the commission shall not be superseded or stayed during the appeal unless the district court so directs after notice to the commission and a hearing.

B. If testimony at the hearing was transcribed, the division shall, upon receipt of the notice of appeal, file so much of the transcript of the record as the parties requesting the transcript designate as necessary for the appeal with the district court.

C. Upon appeal, either party may request a jury. The jurisdiction of the district court is exclusive and its judgment is final, subject to further appeal to the [supreme] court of appeals.

D. If the complainant prevails in [any] an action or proceeding under this section [if the complainant prevails], the court in its discretion may allow actual damages and reasonable [attorney's] attorney fees, and the state shall be liable the same as a private person."